1. Applicant's Name: a. Application Date: 19 October 2016 b. Date Received: 24 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that personal and medical issues are the main reasons that began his problems. He contends he went AWOL when he returned from Iraq the second time because his wife at the time was cheating on him and had spent all their savings and not paid their bills. This was over $30,000. He went to his First Sergeant and Commander prior to going AWOL and told them his situation, but they called him names, and told him to "grab himself and see if he had a pair of balls." He was moody, angry and did not trust his chain of command and did not know what else to do to at least try to get his situation under control at home which was nearly 1,000 miles away. He then found out that his parents were also having problems and he had a half- brother, which he knew nothing about. During this time he was angry, depressed and could get no advice from anyone. When he did return to his unit, he was informed they were scheduled to go back to Iraq and from his previous experience with his chain of command, who he did not trust, that he would not go with them. He contends these are the issues that were the factors of his going AWOL and wish he had been a more mature individual at handling these. He had begun to be moody and depressed prior to returning to the states and had been informed that he may have some issues with PTSD. When he returned home and discovered what his wife had done and they were financially destitute, he exploded and made some bad decisions, but feels if he would have had someone to listen and guide him that he may have made better decisions. He was on his second enlistment and had no problems previously. He enjoyed his time in the Army until this occurred and if allowed to relieve this, he certainly would do some things different and make his military experience all positive or at least cope with them. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a partially mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. In summary, SMs PTSD symptoms can be associated with avoidance behaviors such as AWOL; however, he had 2 incidents of AWOL, with both seemingly being related more so to family stressors In a records review conducted at Arlington, VA on 21 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 20 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 May 2011 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 23 May 2011, the applicant was charged with being absent without leave from his unit from 16 November 2009 until his return on 25 November 2010 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 3 June 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2008 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63B10, Wheeled Vehicle Mechanic / 5 years, 4 months, 23 days d. Prior Service / Characterizations: RA, 18 January 2005 to 6 November 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (8 March 2008 to 7 March 2009) f. Awards and Decorations: ARCOM-2, NDSM, GWOTSM, ICM-CS-2, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL 374 days (16 November 2009 to 25 November 2010) / applicant was apprehended by civilian authority j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents several acts of significant achievements; however, it appears it did not support the issuance of an honorable discharge by the separation authority at the time of discharge. The applicant seeks relief contending, that personal and medical issues are the main reasons for his going AWOL. He contends he went AWOL when he returned from Iraq the second time because his wife at the time was cheating on him and had spent all their savings and not paid their bills. He went to his First Sergeant and Commander prior to going AWOL and told them his situation, but they called him names, and told him to "grab himself and see if he had a pair of balls." He was moody, angry and did not trust his chain of command and did not know what else to do to at least try to get his situation under control at home which was nearly 1,000 miles away. He then found out that his parents were also having problems and he had a half-brother, which he knew nothing about. During this time he was angry, depressed and could get no advice from anyone. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he received no support from his chain of command. Evidence in the record makes reference (i.e., memorandum in support of request for administrative separation in lieu of court-martial), dated 3 June 2011), that the applicant was going through a contentious divorce and did not believe he was getting the support from his chain of command that he needed. However, the record of evidence does not demonstrate that he sought relief through the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant also contends when he did return to his unit, he was informed they were scheduled to go back to Iraq and based on his previous experience with his chain of command, he was not going back with them. He contends he had begun to be moody and depressed prior to returning to the states and had been informed that he may have some issues with PTSD. When he returned home and discovered what his wife had done and they were financially destitute, he exploded and made some bad decisions, but feels if he would have had someone to listen and guide him that he may have made better decisions. He was on his second enlistment and had no problems previously. He enjoyed his time in the Army until this occurred and if allowed to relieve this, he certainly would do some things different and make his military experience all positive or at least cope with them. However, the service record does not support the applicant's contention that he had or may have had some issues with Post-Traumatic Stress Disorder, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge, with either medical limitation or medication. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. However, it appears his prior service did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 21 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160018064 5